Week of December 8–14, 2021

President Biden's $1.9tn Build Back Better Plan includes $100bn for immigration reform. The funds would be used to expedite processing of immigration paperwork, expand visa availability, and grant access to work permits for up to seven million undocumented immigrants. Critics have said the money has no place in the bill, while advocates argue that the plan falls short of offering a comprehensive solution, including a pathway to citizenship. While the Senate is expected to be divided over the bill, advocates hope for a provision to offer a path to citizenship for undocumented immigrants. Critics have accused the Democrats of trying to push their way through, which can be circumvented by using budget reconciliation measures, which require a simple 51-vote majority. The Senate parliamentarian has already rejected an attempt to include immigration language in a reconciliation bill.

Mexico's leading refugee agency, COMAR, is struggling to deal with an unprecedented number of requests for humanitarian visas, as tens of thousands of migrants have seen their asylum claims grind to a halt. With a record 123,187 requests filed so far in 2021, the majority in the state of Chiapas, Haitians are the leading demographic in asylum requests in Mexico. As migrants wait for their cases to be processed, they have become easy targets for price gouging and criminals who scam them with the promise of a way out of the city. Ruben, originally from Haiti, has been in Tapachula, Chiapas for three months waiting to be interviewed for a humanitarian visa after four years working in Chile as a housekeeper, where he says he was skipped over for promotions and paid higher rent than lighter-skinned immigrants.

Scotland’s pro-immigration stance, which it uses to position itself as open and inclusive, may not always be motivated by humanitarian concerns, according to new research. In an article for The Conversation, academics found that minority nationalist political parties have historically presented themselves as progressive and caring through a pro-immigration stance in areas including South Tyrol in Italy, Catalonia in Spain and Quebec in Canada. In Scotland, policies and public speeches by political groups have positioned the country as more welcoming than the rest of the UK, despite Scotland not having the authority to set its own immigration quotas. However, the article suggested that this view has led some migrants to discount the seriousness of their experiences of racism, as to call out discrimination would risk damaging Scotland’s reputation.

The Biden administration has withdrawn its support for a rule introduced by President Trump before he left office, which would have given visa preferences to foreign workers with higher salaries, potentially reducing the availability of H-1B visas for entry-level positions. The current visa selection process will continue to use a random lottery system. Meanwhile, Democrats in the US Senate are considering overruling the Senate Parliamentarian, who has twice rejected proposals to include immigration relief measures in a spending bill, stating that the measures do not have an impact on federal spending and revenues. A third version of the reforms is under consideration, and some Democrats have hinted at the possibility of overruling the Parliamentarian if this version fails. Finally, the Department of Justice has recognized a union formed by US immigration judges as their sole representative and has reached a preliminary agreement on the terms of a collective bargaining agreement, reversing the previous administration's policy.

Fees for US temporary work visas and permanent immigration benefits will increase if the House Democrats' social spending plan is passed by the Senate. The hikes are the first comprehensive update to the fee structure in five years and are weighted heavily towards employers of high-skilled workers and foreign entrepreneurs. The proposed hikes could generate nearly $3bn in additional revenue for US Citizenship and Immigration Services (USCIS). Immigration experts say they could be beneficial if they lead to improved services at the USCIS, which is almost entirely fee-funded except for emergency funding from Congress. The proposed fees range from $13 for arrival/departure records to an extra $100 for family-based green card applications, to $15,000 for a visa program for foreign investors. The legislation would make nearly 400,000 additional employment and family-based green cards available that had gone unused over the past two decades.

The Free Democrats (FDP) party, the smallest member of Germany's new coalition government, has backed a significant increase in immigration to address the country's labour market needs. Christian Duerr, who was elected on Tuesday to succeed Christian Lindner as parliamentary group leader of the FDP, said that the need for an increase in immigration is necessary to enable growth, secure social welfare systems and cover the demand for labour. He added that Germany needs to behave like a modern immigration country and look to countries like Canada, New Zealand and Australia for inspiration on managing immigration. The head of the Federal Employment Agency has previously said that Germany needs to accommodate 400,000 immigrants annually to fill job vacancies.

Foreign nationals with criminal records may be denied entry into Canada, but there are three ways to overcome criminal inadmissibility. The first option is a Temporary Resident Permit (TRP), which allows an individual to enter Canada on a temporary basis for up to three years. To apply for a TRP, one must provide a compelling reason for entry and show that the benefits to Canada outweigh potential risks. U.S. citizens and permanent residents can apply for a TRP upon arrival in Canada or get pre-approval at a Canadian consulate. All other foreign nationals must apply at a Canadian consulate and pay a $200 CAD fee.

The second option is rehabilitation, which is a permanent way to overcome criminal inadmissibility to Canada. There are two forms of rehabilitation: individual and deemed. Individual rehabilitation is an option if at least five years have passed since the end of the sentence, and the application fee is either $200 or $1,000 based on the severity of the conviction. Deemed rehabilitation is an option for less serious crimes, and the applicant will automatically be deemed rehabilitated after 10 years have passed.

The third option is obtaining a Legal Opinion Letter from a lawyer explaining why the individual should be permitted entry. It is important to prepare well in advance of the trip to Canada by getting professional advice.

The Biden administration has reinstated the Trump-era "Remain in Mexico" policy, which forces asylum seekers to remain in Mexico while awaiting their court date in the United States, under court order. The program was initially implemented in 2019 under the Trump administration and was only at the southern border. However, the current administration has expanded it to countries like Jamaica and Haiti. Immigration experts argue that the policy is not the way to go and adds to an already messy situation on the border. They claim that the administration needs to view immigration as an opportunity, not just a challenge or problem. There are nine million available jobs in the US, and the individuals coming from certain conditions should be allowed to obtain visas, just like all other visa categories for student and work visas. The "Remain in Mexico" policy was reinstated after the US Supreme Court sided with Texas and Missouri.

of U.S. Immigration and Customs Enforcement (ICE) in April, but the Senate has yet to vote on his confirmation. If a vote is not held by the end of December, the process will have to start over again. The Senate Homeland Security and Governmental Affairs Committee held its confirmation hearing in July, and Gonzalez has been waiting for a floor vote ever since. Gonzalez's decision to terminate Harris County’s participation in the 287(g) program, which allows ICE to coordinate with local law enforcement in detaining people accused of immigration offenses, and his past comments condemning the Trump-era ICE, make Republicans wary of his nomination. Meanwhile, ICE has gone the entire Trump presidency without a Senate-confirmed director.

New Zealand's Community Law has called for faster action on visas for Afghans in dangerous situations following a successful High Court ruling that Immigration New Zealand was wrong to stop processing the visa applications of a group of Afghans due to Covid-19. Last week, Immigration New Zealand announced that 4,000 new residents could travel to the country and that it would restart processing more than 5,000 residence applications from migrants overseas. Waikato Community Law centre led the case, with lawyers working pro bono. However, visas for Afghans are still being processed very slowly, according to Sue Moroney, chief executive of Community Law. "There's a really high level of obligation on the Government and Immigration New Zealand to pull out all stops to undo the harm they have done," she said.